HCAP

4.4 Reporting Sex Discrimination at Xavier University

The University informs individuals about their right to file criminal charges and the availability of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance and other services on and/or off campus as well as additional remedies to prevent contact between a Complainant and Respondent, such as housing, academic, transportation and working accommodations, if reasonably available. The University will make such accommodations, if the victim requests them and if they are reasonable and available, regardless of whether the victim chooses to report the crime to the Xavier University Police Department, local law enforcement, or to pursue a complaint under Xavier's internal complaint resolution process. All inquiries related to Sex Discrimination should be directed to Xavier's Title IX and Interpersonal Violence Response Coordinator, Gallagher Student Center, Room 332, Xavier University 3800 Victory Parkway, Cincinnati, OH 45207, 513-745-3046.

If an individual has been the victim of any form of Sex Discrimination, that person is strongly encouraged to report the incident promptly to the Title IX Office, Xavier University Police, and/or local law enforcement. If a victim desires to speak to a confidential resource they should contact Xavier's Advocacy and Prevention Coordinator (for Xavier students) or a local organization serving victims of these crimes (for students and employees) (see below for list of confidential resources with contact information).

Reports can be made to any of the following resources below. If an individual is unsure about what they want to have happen in response to the report, they should speak with a confidential resource first to help ensure that they understand all of their options, rights, and understand all confidentiality considerations (see Xavier's Title IX Sexual Harassment and Interpersonal Violence Reporting and Support Options resource sheet.

An individual has to right to report Sex Discrimination to University employees and/or to Xavier University Police and/or local law enforcement. Xavier University has an obligation to respond to a report of Sex Discrimination under these HCAP procedures regardless of whether an individual makes a police report or pursues a criminal remedy.

REPORTING RESOURCES

  • Title IX and Interpersonal Violence Response Office - (513)-745-3046, Gallagher Student Center, Room 332, 3800 Victory Parkway, Cincinnati, OH 45207;
  • Law Enforcement- A violation of this HCAP may also be a violation of local, state, or federal law. Individuals may contact the Xavier University Police Department or another local law enforcement agency to file a police report or to talk with a law enforcement officer about the possibility of filing a police report. If the situation is an off-campus emergency, call 911;
    • Xavier University Police Department - (513)-745-1000 (on or near campus emergencies) or 513-745-2000 (non-emergencies), Flynn Hall, 1648 Herald Avenue, Cincinnati, OH 45207.
    • Cincinnati Police Department- 911/non-emergency (513)-765-1212.
    • Norwood Police Department- 911/non-emergency (513)-458-4520.
  • Affirmative Action Officer, Human Resources, Alumni Center, Room 132, 3800 Victory Parkway, Cincinnati, Ohio 45207-5400, (513)-745-3638.
  • Dean of Students, Gallagher Student Center, Room 302, 3800 Victory Parkway, Cincinnati OH 45207-2120, (513)-745-3166.
  • Residence Life - (513)-745-3203, Rm. 009D, Musketeer Mezzanine in Justice Hall, 3800 Victory Parkway, Cincinnati, OH 45207.
  • Center for Diversity and Inclusion, (513)-745-3181, GSC 200/280, 3800 Victory Parkway, Cincinnati, OH 45207.

CONFIDENTIAL SUPPORT AND ADVOCACY RESOURCES

  • Xavier University Advocacy and Prevention Coordinator – during business hours at 513-904-9013. A trained staff advocate is available to provide confidential support, information, and advocacy to students who believe they have been a victim of Sex Discrimination. An individual does not need to report to the police to obtain an Advocate.
  • Local Crisis and Support Provider - Women Helping Women (serving individuals of all sexes, sexual orientation, and gender identity) provides confidential crisis intervention and support services for individuals experiencing sexual assault, intimate partner violence, and stalking. 24-Hour Crisis Line (513)-381-5610, business line513-977-5541.
  • Anonymous Reporting Hotline - 855-481-6238 or submit a report online.
  • Counseling- Outpatient counseling and psychotherapeutic treatment is available at no charge to Xavier students at Xavier’s Health and Counseling Services (513)-745-3022, located at 1723 Cleneay Avenue next to Cohen Center parking lot, and the Psychological Services Center (513)-745-3531, located in the Sycamore House at 3818 Winding Way next to Schmidt Fieldhouse. Any individual may also choose to seek counseling services from a private provider. Individuals should contact their insurance provider to find out about possible insurance coverage for services from a private provider.

4.4.1 Confidentiality of Sex Discrimination Reports

  • The following information relates to the confidentiality of reports of Sex Discrimination in accordance with Xavier’s Title IX Sexual Harassment and Interpersonal Violence policies.
  • The University strongly supports the privacy of individuals reporting Sex Discrimination and will honor requests for confidentiality within the University's response to the report if and where it is able while meeting its obligation to respond to Sex Discrimination under the law.
  • Even if an individual who has been negatively affected by Sex Discrimination does not want to pursue the matter through Xavier's internal complaint resolution process and/or the criminal justice system, they should still consider making a confidential report to Xavier. The purpose of the confidential report is to maintain confidentiality while allowing Xavier to take steps to promote the future safety of the individual and the community. Anonymous reports can be made by calling the Anonymous Reporting Hotline at 855-481-6238 or submitting an anonymous report online.
  • By reporting the incident, Xavier can keep an accurate record of the number of reported incidents, determine where there is a pattern of Sex Discrimination with regard to a particular location, method, or assailant, alert the campus community to potential danger, and initiate the HCAP. Pursuant to the Clery Act, reports of certain types of Sex Discrimination to Xavier (including but not limited to reports to the Title IX Office, Residence Life, Resident Assistants, the Dean of Students, the Advocacy and Prevention Coordinator, the Center for Diversity and Inclusion, the Anonymous Reporting Hotline, the Xavier University Police Department, and any other Xavier faculty, staff or administrator) must be counted and disclosed in the annual crimes statistics for Xavier (commonly called the “Clery Report”). Xavier's annual crime statistics report does not reveal the identities of the persons involved. Disclosure of the reported incident for inclusion in the annual crimes statistics does not typically involve disclosure of personally identifiable information within Xavier except to the extent necessary to ensure the incident is not double counted. Only reports to pastoral and professional counselors (i.e., counselors at the Health and Counseling Services, Psychological Services) acting in their role of pastoral or professional counselor are not be disclosed and accurately counted in the annual crimes statistics for Xavier.
  • In accordance with Xavier’s Title IX Sexual Harassment policies and Interpersonal Violence policies, Xavier prohibits retaliation and will not only take steps to prevent retaliation but will also take strong responsive action if it occurs. If an individual who has been negatively affected by Sex Discrimination reports the incident and requests confidentiality or asks that the complaint not be pursued through this HCAP, Xavier will still take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue the investigation. Individuals should be aware that Xavier's ability to respond (including sanctioning the alleged perpetrator through the HCAP) may be limited by such a request. Still, Xavier will pursue other steps to limit the effects of the alleged discrimination and prevent its recurrence.
  • Xavier must evaluate all requests for confidentiality in the context of its responsibility to provide a safe and nondiscriminatory environment for all employees and students. When weighing an individual's request for confidentiality that could preclude a meaningful investigation or potential discipline of the alleged perpetrator, Xavier will consider a range of factors. These factors include circumstances that suggest there is an increased risk of the alleged perpetrator committing additional acts of Sex Discrimination (e.g., whether there have been other sexual harassment or sexual violence complaints about the same alleged perpetrator, whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence, whether the alleged perpetrator threatened further sexual harassment, sexual violence or other violence against the individual or others, and whether the Sex Discrimination was committed by multiple perpetrators). These factors also include circumstances that suggest there is an increased risk of future acts of Sex Discrimination under similar circumstances (e.g., whether the report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group). Other factors that should be considered in assessing a request for confidentiality include whether the Sex Discrimination was perpetrated with a weapon; the age of the individual subjected to the Sex Discrimination; and whether the University possesses other means to obtain relevant evidence (e.g., security cameras, personnel, and/or physical evidence). The Title IX Office is responsible for evaluating request for confidentiality.
  • Accordingly, Xavier cannot guarantee absolute confidentiality in response to every request, but will inform the person requesting confidentiality if confidentiality cannot be ensured in light of the foregoing or other factors.